High CourtsSingle Bench

Golu @ Bhagwan Singh vs State of M.P.

Madhya Pradesh High Court · Decided on 9 August 2012 · Citation: (2012) 08 MP CK 0159

HON’BLE JUDGES
S.K. Gangele, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 437(3), 439 · Penal Code, 1860 (IPC) — Section 34, 363, 366, 376
CASE NUMBER
M.Cr.C. No. 4988 of 2012
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Judgment

7 paragraphs · 302 words

S.K. Gangele Judge

1.

Heard. This is first application filed by the applicant u/s 439 of Cr.P.C. for grant of bail.

2.

Applicant has been arrested for an offence vide Crime No.136/2012 registered against him at Police Station Mungaoli, District Ashok Nagar under Sections 363, 366, 34 and 376 of IPC.

3.

As per statement of the prosecutrix, she had known the applicant. The applicant had taken her to Mungaoli with a promise to marry her and from Mungaoli he had further taken her to Ashok Nagar and then to village Morukhedi where she had been living with the applicant and applicant had also given her a ''''Sharee''''. The prosecutrix further stated that she had been living there with the applicant as husband and wife and thereafter the applicant had committed sexual intercourse with her. As per ossification report, the age of the prosecutrix is above 16 years.

4.

It is submitted on behalf of the applicant that the applicant is in custody since 12/04/2012. Disposal of the case will take time. Hence, prayed for grant of bail.

5.

Learned Panel Lawyer opposed the application and prayed for its rejection.

6.

Looking to the aforesaid facts of the case, but without expressing any opinion on the merit of the case, the application is hereby allowed. It is directed that applicant Golu @ Bhagwan Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during pendency of the trial of the case concerned and shall also comply with the conditions enumerated u/s 437 (3) of Cr.P.C. A copy of this order be sent to the Court concerned CC as per rules.